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ib., n.

but the leet hath not power to arraign and de-
liver the persons indicted

Page 703
nor to inquire of assault and battery without

.. ib.
nor to take indictment of robbery out of its

the steward may be retained by parol ib.
except in the case of the king or a corpora-

but a deed is more proper, and certainly es-

sential in an appointment for life or years, or
for the recovery of a salary by writ of an-

ib., n.
semble, that the office is not grantable in re.

whether the king is an exception ib., & n.
and whether a judicial office may be granted in
reversion by usage

703, n.
the stewardship of a leet is forfeitable for non-
user or misuser

a mandamus lies to restore the steward of a

703, 704
whether an information in nature of quo war-

ranto lies for exercising the office 704
doubtful whether the steward of a leet can act
by deputy

semble, that he could not do so except by

custom, or under an express power in bis

it is only when the office is ministerial that a

steward can act by deputy as a matter of
course, and a deputy should act in the name

of his principal
an infant cannot preside in leet as steward or
deputy steward

action on the case will lie by the lord against a

person disturbing his steward in holding the
court leet

all offences out of court are to be presented,

and the parties amerced 706, n., 707
an amercement is considered to be the act of

and a fine the act of the court

but it has been thought that the amercement is
the act of the court, and the affeerment the

neglect of suít real is to be punished by amerce:

the jury are to present the neglect of suit ..ib.
but notice on the suitor need not be proved, ib.
no person can be amerced for a private trespass
to the lord

not even by custom, but this formerly was

the amercement must be reasonable, and be

yet it has been said that the jury may amerce

in a sum certain, without affeerment ib.
the reasonableness once affeered cannot be

the affeerment must be at the same court, and
be so pleaded

Page 707, 1., 709
the proper course for the removal of public

707, 703
the penalty inflicted recoverable by the lord in
an action of debt

in one case“ pain” and “ amercement” used
as synonymous terms

ib., a.
The Remedies for Fines and Amercements.
a fine in leet is recoverable in action of debt

704, 708
or by distress, even without a custom 708
and the distress may be sold

but a fine not of common right cannot be dis.
trained for without a prescription

an amercement in leet is recoverable by action
of debt

and wager of law was not allowed even before
3 & 4 Will. 4, c. 42

.. ib., o.
it may be recovered by distress as of common
right, as for a fine

and ihe distress may be sold

ib., 1.
but the power of distress is suspended by the
possession of the king

the distress may be taken in any place within
the precinct of the leet

even in the common street

the Stat. of Marlb. c. 15, prohibiting a distress

in the highway, is confioed to distresses for
services by tenure

but the cattle of a stranger cannot be distrained,

as in distress for non-performance of suit, ib.
the bounds of the leet must be pleaded in jus-

tifying the distress for an amercement ..709
and the sum affeered must be shown ib.
in such justification in trespass, the bailiff may

plead the amercement without aversiog the

contra in replevin
semble, that the bailiff of a leet cannot distrain

for an amercement ex officio, but only by
warrant of the steward, not even by con.
mand of the lord

but the bailiff of the liberty of a duchy may
distrain ex officio

ib., 1.
how a distress in the duchy is to be dealt

whether the bailiff'is punishable if there be any
irregularity in the distress

questioned in a writ of error, or a moderata

the latter writindeed is not applicable to courts
of record

the affeerment must be by two or more persons

appointed and sworn by the steward, but
they may be selected from the jury, which
indeed is the practice


in avowry for an amercement the act must be

averred, and it is not sufficient to rely on the

in debt for amercement ia leet, the declaration

must express the names of the affeerors, and
aver that the affeerment was made at the
same court as the amercement

held in Monnop & Thomas, that the issue whe.

ther C, and H. were afferratores curiæ pré.
dicta ought to have been tried by the re-

in debt for amercement in leet, the declaration

must aver inhabitancy as well at the time of
the amercement as of the offence

but it will be cured by verdict
averment that the court was held before the

steward, when in fact it was held before tbe
deputy steward, is fatal

a summons to serve on the jury of court lect


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the jury

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Page 710


. ib.




will not maintain an averment in the decla-
ration that the party was summoned to serve

on the jury of the court leet and court baron,
notice need not be alleged in debt for amerce.
ment for not abating a nuisance

the fact of the presentment may be traversed in
debt for amercement

and the rule applies to an amercement for
breach of a by-law

but the Court of Queen's Bench has refused a

certiorari to remove the proceedings out of
court leet, where the amercement had been
estreated into the duchy court of Lancaster

ib., 711
the case of The King & Heaton on the point, ib.
which shows that amercements in the courts

belonging to the Duchy of Lancaster are re-
coverable by levari facias out of the duchy

court, after being estreated there .. 712
amercements in the king's leet are to be es-

treated into the exchequer, and levied by
levari facius

any action of trespass consequent on such pro-

cess must be brought in the office of pleas in
the exchequer

ib., 712
amercements in leets of private lords are es-

treated, or extracted from the rolls, and the
steward's warrant to the bailiff to levy the
amount is subjoined

711, n.
S. 3. By-Laws.
may by custom be good in leet

and in pleading the custom, the by.law must be
set forth

are not binding of common right, except as to

matters properly cognizable there, as the

neglect of repairing highways, &c.
a custom to make by-laws of a private nature
could not be supported

in one case the party was put to plead where a

fine had been estreated into the exchequer,
which was set under a by-law in one of the
king's manors for receiving an inmate with-
out giving security to the overseers of the

ib., 713
must be just and reasonable

712, n.
whether a by-law for repairing a church is for

the public good, and binding, 625, 0., 712, n.
semble, that personal notice of a valid by-law
in leet is unnecessary

710, 713

LEET - continued.
sometimes by the lord

Page 714
CONSTABLES appear to have been officers re-

cognized by ihe common law
high constables as officers of hundreds, and

petit constables as officers of tithings ib.
and to have been chosen at the leet, or (when
no leet existed) at the tourn

the election of a chief constable for a wapen-

take in Yorkshire at a special petty sessions
held void, and that he was well appointed at

a subsequent court of quarter sessions, 714, n.
reference to 2 & 3 Vict. c. 93, and 3 & 4 Vict.

c. 88, for the establishment of county and
district constables by the authority of ma-

doubts have been expressed whether the high

constable was not created by the stat. of

semble, that the leet has power to elect a con-

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ib., n.

stable for a vill or hamlet, where no such
office existed previously

or to elect a second constable or tithing-man,

when there may bave been one only ib.
the right of electing constables is in the jury of
the court leet

but it was formerly a great question whether

the right was in the jury or the steward ..ib.
a corporation cannot eleci a constable, except

by custom
a constable or tithing-man refusing to be sworn

may be fined when present ..705, 715, 718
if absent, he may be amerced, on presentment
of the contempt at the succeeding court

706, n., 715
and in either case he may be indicted at the

assizes or quarter sessions 715, 718
what must be set forth in an indictment for the

a refusal to take the oath is evidence of a re-

fusal to perform the duties of the office [The
King v. Brain)

718, 719
not necessary to allege in the indictment that

the party refused to be sworn, but sufficient
to state that he contemptuously refused to

himself the execution of the office,
although required

when the constable or tithing.man is absent,

or should the oath be withheld, he is to go

before a justice of the peace to be sworn, 715
but the steward is compellable by mandamus to
administer the oath

ib., n.
when the leer neglects to choose a constable,

the justices in sessions may appoint one, 715
but only until the lord shall hold a court, ib., 716
and the justices should summon the party to be

716, n.
the sessions cannot discharge a constable ap-
pointed at the leet

except under 13 & 14 Car. 2, c. 12, if a con-

stable should die or go out of the parish, or
should continue in office above a year; and

then only until the lord shall hold a court, ib.
but the court of King's Bench will discharge a

constable chosen in leet by spleen, and the
former constable must act until another be
duly elected

a person not idoneus may be discharged by the
leet, or by the court of B. R.

ib., n.
a tenant of a manor leet is not excused from


S. 4. Election of Officers at Leet.
THE CHIEF MAGISTRATE of a borough or town

is in some manors elected by the jury of a
court leet

which may be enforced by mandamus

ib., n.
in other manors the jury present the candidate

having the majority of votes, but have no
control over the poll ..

where there is no charter of incorporation,

VIANDERS and other functionaries are some-
times chosen at the leet, and are the return.
ing officers for the year

.. ib.
The Bailier is in some manors chosen by the

jury, and sworn in with the other officers, ib.
but he is more usually appointed by the steward


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serving the office of constable for the hun-

Page 716
but a custom for such exemption is good .. ib.
the office is a personal and not a pecuniary

it should seem, therefore, that a person chosen

constable cannot of his own authority appoint
a deputy

a practising barrister and attorney are exempt

from serving the office of constable ib.
but a physician is not

perhaps the court of B. R. would relieve a

gentleman of quality, where there are suffi-
cient persons besides

but a person discharged by the sessions as being

a master of arts, has been compelled by the
court of B. R. to be sworn

ib., n.
a certificate under 10 & 11 Will. 3, c. 23, dis-

charging persons from serving parish offices,
is no exemption from being sworn constable
in leet

it seems inconsistent to impose the office on


ficers frequently chosen at the court leet, 719
HAYwards are also oftentimes chosen at the
court leet

and it is generally where the leet is appendant

to a manor, and the court lect and court

baron are held together
when the office exists distinct from that of

bailiff, it is more of a private than a public

but in some places it is a public annual office,

conferring a settlement. .719, 720, App. 1145

S. 5. The Jury and their Presentments.
how offences cognizable in the leet are to be

inquired of and presented 703, 720, 728
the course to be adopted if all the resiants



quest to inquire of the concealment of other

Page 721, n.
articles omitted to be presented in leet are to be

presented in tourn, but the neglect must be

if not there, then before the justices in eyre, ib.
and if not there, then in the King's Bench, ib.
articles neglected to be inquired of in the leet

of a manor situate within a hundred, to which
a court leet is appended, are inquirable of in
the hundred leet

but the neglect of a manor leet is not punish-
able in the hundred leet

ib., 1.
the duties of a leet jury are confined to things
done or neglected to be done since the last

a custom to swear the jurors at one court to

inquire and make presentment at the next
court is bad

yet it has been said that in some manors the

jury continue in office for a whole year, ib., D.
the case of Willcock v. Windsor, showing that

an adjournment of the court must in soine
cases be necessary, and establishing the va-
lidity of a custom for the leet jury to enter
shops for examining weights and measures
and to destroy such as are found to be deti-

722, &c.
too much importance attached to the observa.

tions of Probyn, J., (as to such a custom) in
Moore v. Wickers

the case of Sheppard v. Hall, confirming the

decision in Willcock v. Windsor, that by cus-
tom the leet jury may examine weights and

measures, and seize them if defective .. 726
presentments in leet must be certain, and state

the precise day of holding the court, and
before whom it was held

it is better (although not essential) to state

whether the court exists by grant or pre-

when claimed out of a hundred, it is sufficient in

replevin to allege seizin of the hundred.. id.
a presentment of nuisance must show at what
place it was committed, and that the place

is within the jurisdiction of the court ..
and must conclude to the common puisance of

all the king's subjects
a presentment for siopping the common high-

way must state the locus ad quem as well as
but objections for informalities in presentments
for not repairing highways are not favoured

ib., o.
the inquiry of felonies in leet should be by in.

dictment or inquisition by joll indented

under the seals of the jurors
which is to be certified to the justices of the

next gaol delivery
the inquisition is in nature of a bill of indict.

ment by the grand jury
but probably was conclusive, before the intro-

duction of the petit jury
certificate by the steward to the justices by in-

denture said to serve for indiciment.. ib., 1.
ordinary presentments in leet need not be either

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ib., 728

the locus a quo


703, 728






refuse to attend the court leet..706, 720, n.
the jury is to consist of not less than twelve

and a party may aver against a presentment
made by less than twelve

it is sufficient if that number are agreed ..720
when there are not twelve suitors present, the

steward may compel a stranger to be sworn,
and impose a fine for his refusal.. 702, 703,

720, n.
whether a presentment in leet is traversable, 720
all presentments in Jeet may be removed into
B. R. by certiorari, and there traversed

ib., 721
and, clearly, the jurisdiction of the court leet is

by the act i Eliz. c. 17, for preserving the
spawn of fish, the steward might impanel a
second jury to inquire of any concealments

by the jury first sworn 693, n., 721
the act imposed a penalty on every juryman

guilty of wilful concealment .. 693, 721
semble, that the perjury or wilful concealment

of a leet jury was always inquirable there by
another jury, and punishable

reference to 6 Geo. 4, c. 50, s. 60, abolishing

the writ of attaint against jurors, and an in-

sealed or indented
the objection disallowed in Colebrook & Elliott




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Offences cognizable in Leel, and the general

Articles presentable there.
most offences were anciently punishable by
imprisonment or fine

Page 729
but even in the reign of William the Con-

queror many were punishable with death or

the punishment of death is traced as far back
as the Anglo-Saxon æra

the leet never could arraign and deliver persons
indicted for felony

nor inquire of any felonies which were not such
at common law

the general character of offences which the leet

is to inquire of, and afterwards certify to the
king's justices

and of such as are not only inquirable, but also

punishable in leet by fine, &c.
in cases of felony, the jury should inquire of the

lands, and also of the goods, &c., belonging to
the offender, at the time of committing the

ib., n.
Enumeration of the Articles inquirable in
Courts Leet

730, &c.
reference (under the head of articles inquirable

in court leet) to 9 Geo. 4, c. 65, repealing
certain acts of parliament against tippling



ing of, according to a recent decision,523, n.
LICENCE TO ALIEN; by the custom of some

manors, a licence by the lord to alien ancient
tenements is confined to entireties, but the
power extended to parcels of such tenements
by 92nd section of 4 & 5 Vict. c. 35, 114, n.,

283, n., 575, n.

whether parceners could have made partition
without the lord's licence

457, n.
licences to demise operate as a dispensation of

456, 457
in some manors leases may be granted for a
fixed period without licence

reference to the customs of the manors of Step.
ney and Hackney

such special customs must be clearly proved, ib.
the terms are regulated by the customi, like the
fine on admittance

but a licence to demise is usually given (in

or out of court) as of course, on payment of
a fixed sum

the fine for a licence to pull down buildings,
&c., is the subject of convention

not compellable, if no fixed customary fine, ib.,

LICENCES, &c. continued.

sum paid to the lord will, of course, be en-

Page 458, n.
the steward cannot grant a licence virtute officii,
being a voluntary act

but may do so by special authority ib., 459
reference to the case of Doe & Whitaker, 459, n.
and by special custom, in court, even without
express authority

semble, that the lord's signing the court book,

&c., would be a confirmation of the licence, ib.
and that the lord's licence may be presumed

from acts coming under the view of the

the terms of the licence must be strictly pur-

if the licence has been acted upon to the full

extent, a second lease on the surrender of
the first would be a forfeiture

whether a concurrent lease would be a forfeiture

the grant of a less term than authorized by the
licence is good

under a licence to a copyholder for life to let

for three years if he so long lived, a lease for
three years absolutely beld not to be a for.
feiture; contra if he had been a copyholder
in fee

ib., 460
may be made to depend on a condition prece-

dent, but not on a condition subsequent, 460
a licence to demise is a personal dispensation
only, and gives no property

and will not make a lease binding on the issue
in tail

effect of lease by tenant in tail granted with
licence of the lord

ib., n.
semble, that a licence to a copyholder runs

with the land, and therefore that a lease
under it by the heir or devisee would be

good, and not create a forfeiture 460
what customs to alien without licence are good,
and what are not

a licence is not necessary to authorize the pul-

ling down houses in a ruinous state and to
build others

lease with licence is a common law interest,
and may be assigned without further licence

it is extendible

and is good against the lord claiming by escheat

or forfeiture, if the licence were granted by

him, or a former lord seized in fee ib.
when a licence to demise must be pleaded, and
when it need not

465, n.
LIEN; no distinction between freeholds and

copyholds in regard to a deposit of evidences
of title as a security

nor in regard to the lien which a vendor has
for his purchase money

LIMITATION, words of ; the rule that a copy-

532, 533
cannot exceed the extent of the lord's interest

97, 458
except under a power springing from the fee

a power to grant licences to demise should be
inserted in settlements of manors

when the fine for a licence is certain, it may be

ib., n.
an agreement to grant a licence for a certain

holder cannot limit an estate to his right
heirs as purchasers, altered by 3 & 4 Will.
4, c. 106

43, n., 295
LIMITATION OF TIME; the doctrine of non.

adverse possession done away with by 3 & 4
Will. 4, c. 27

464, n., 1028, n.
the application of the statutes of limitation to

manors and copyholds 82, 356, 471
so also by bishops or other ecclesiastics, ib., 92
and by a dowress, or the husband seized in


ib., 97

of plaints in nature of possessory actions

Page 473, &c.
of plaints in nature of the several writs of

483, &c.
formerly no limitation as to rents created by

deed, or reserved on particular estates, 481, n.
time was no bar as between a truslee and cestuy

que trust, except as to constructive trusts (but
see sections 25 and 26 of 3 & 4 Will. 4, c.
27, App. 1030]

the above act restrains an action or suit for ar-

rears of dower to six years, 542, a., App. 1034


LORD OF THE MANOR; is not prevented

by a lease by parol (except for a term not
exceeding three years reserving two-thirds,
at least, of the full improved value) from
making a regrant as copyhold

is entitled to an allotment under an inclosure

act in respect of his demesnes, as well as an
allotment as owner of the soil of the waste,

19, n.
a tenant for life purchasing copyholds should

take the surrender to a trustee, or regrant

35, 36
the same caution is requisite when the lord is

seized in fee, with an executory devise over, 36
a covenant to surrender to a mortgagee of the

freehold is not a regrant in equity in favour
of devisees

35, 36
but such covenant by tenant for life having a

power to grant would bind the remainder-
man in equity

whether the lord has power over the lands of
a lunatic, except by custom

cannot appoint a guardian, except by custom, 53
may grant copyholds in fec, however limited
his interest

qu. as to a mere tenant at will

ib., n.
grants by infants, lunatics, &c., are good .. ib.
so also by an outlaw, a person excommunicate,
feoffee on condition, and guardian in socage

LORD OF THE MANOR-continued.
whether copyholds may be granted in reversion

by a lord who has a limited interest, except
by special custom

Page 94, 95
whether one of two joint-tenants of a mapor
may grant the entirety

whatever estate the lord may have, he must be
lawfully seized in possession

or derive his power from the lord pro tempore

examples of persons who are disabled to grant
under this rule

a power to grant may be derived under the will
of a lord seized in fee

but not as against the dower of the wife of the

an admittance is distinguishable from a grant,

therefore admittances by disseisors, &c., are

the lord who has a limited interest cannot pre-
judice the remainder-man

the lord is chancellor in his own court 97
has an undoubted right to afford relief as such

204, 205, n., 231, 1.
the maxim strengthens the opinion that he may
hold his own customary courts

97, a.
the 86th section of the commutation and en.

franchisement act is declaratory of that role
of law

semble, that if his decree be not obeyed, he may

seize and admit the rightful claimant
the lord cannot regrant by copy after executing

a common law assurance, or if the land be
extended, or assigned to a wife in a wnt of
dower ; but if kept in hand, or let at will,
he or his heirs, &c., may regrant, and the
grantee will hold discharged of the extent,

or dower
but a lease by the king will not prevent a te

a grant for the lives of others will not give any

estate to the cestui que vies, unless by
what grants are good, and what void under

particular customs
may be void for uncertainty
to " him and his,” &c., may, by custom, create

an inheritance, or an estate for life only...
equity will not interpose between the lord and
the heir of a trustee, when the cestay que
trust dies without an heir, but the court of
B. R. will compel the admission of the beir

of the trustee, to enable him to try his title
the lord partakes of trusts by recording them
but on escheat the lord holds discharged of

trusts to which he is not privy .. 100, 407
the lord cannot claim by the title of an equitable

escheat, except perhaps when he has ac;

cepted notice of a trust
The lord cannot claim against his own grant

or admittance
but bis admittance from a misconceived riglit

will not be good as a new grant .. 101, 149
whether, after having admitted a surrenderee
under a surrender made subsequently to the
breach of one of several conditions, ihe lord
can enter for a subsequent breach of the
other conditions

101, a.

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ib., &c.


100, 408

100, 406



right of his wife, (the wife, however, must

but the committee of a lunatic bas no estate,

and is disabled to grant copyholds ib.
a grant by the steward, appointed by the lunatic

before his disease of mind, is good ib.
lands escheating are within the above rules, ib.
grants made before the attainder of the lord
are good

and before entry for breach of condition ib.
holding a court amounts to an entry for con-
dition broken

grants by feoffee of an infant are good .. ib., n.
so also grants made before disagreement, where

a man marries an infant feme seignioress, 93
the ancient rent and services must be reserved




may regrant at apportioned rents

copyholds of inheritance which escheat may be

granted for life, and with a grant of the re-
version to another



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